August 17, 2017 — ARLINGTON, Va. — The following was released by the Atlantic States Marine Fisheries Commission:

The Atlantic coastal states of Maine through Florida have scheduled their hearings to gather public comment on Draft Amendment 3 to the Interstate Fishery Management Plan for Atlantic Menhaden. The details of those hearings follow.

Draft Amendment 3 seeks to manage the menhaden resource in a way that balances menhaden’s ecological role as a prey species with the needs of all user groups. To this end, the Draft Amendment considers the use of ecosystem reference points (ERPs) to manage the resource and changes to the allocation method. In addition, it presents a suite of management options for quota transfers, quota rollovers, incidental catch, the episodic events set aside program, and the Chesapeake Bay reduction fishery cap.

The 2015 Benchmark Stock Assessment Report identified the development of ERPs as a high priority for Atlantic menhaden management. Menhaden serve an important role in the marine ecosystem as prey for a variety of species including larger fish (e.g. weakfish, striped bass), birds (e.g. bald eagles, osprey), and marine mammals (e.g. humpback whales, bottlenose dolphins). As a result, changes in the abundance of menhaden may impact the abundance and diversity of predator populations, particularly if the availability of other prey is limited. ERPs provide a method to assess the status of menhaden within the broad ecosystem context. Draft Amendment 3 provides a variety of reference point options, including the continued development of menhaden-specific ERPs as well as the application of precautionary guidelines for forage fish species.

Draft Amendment 3 also considers changes to the allocation method given concerns that the current approach may not strike an appropriate balance between gear types and jurisdictions. Specifically, under the current allocation method, increases in the total allowable catch (TAC) result in limited benefits to small-scale fisheries, and to several states. Furthermore, the current method may not provide a balance between the present needs of the fishery and future growth opportunities. Draft Amendment 3 considers a range of allocation alternatives, including a dispositional quota (bait vs. reduction), fleet-capacity quota (quota divided by gear type), jurisdictional quota, including a fixed minimum quota for each state, and an allocation method based on the TAC. In addition, the document considers five allocation timeframes including 2009-2011, 2012-2016, 1985-2016, 1985-1995, and a weighted approached which considers both historic and recent landings.

The Draft Amendment is available here or on the Commission website, www.asmfc.org, under Public Input. Fishermen and other interested groups are encouraged to provide input on the Draft Amendment either by attending state public hearings or providing written comment. Public comment will be accepted until 5:00 PM (EST) on October 20, 2017 and should be forwarded to Megan Ware, FMP Coordinator, 1050 N. Highland St, Suite A-N, Arlington, VA 22201; 703.842.0741 (FAX) or at comments@asmfc.org (Subject line: Draft Amd. 3). If your organization is planning to release an action alert in response to Draft Amendment 3, please contact Megan Ware at 703.842.0740, so she can work with you to develop a unique subject line to enable us to better organize and summarize incoming comments for Board review.

Final action on the Amendment, as well as specification of the 2018 TAC, is scheduled to occur on November 14th at the BWI Airport Marriott, 1743 West Nursery Road, Linthicum, MD. For more information, please contact Megan Ware, Fishery Management Plan Coordinator, at mware@asmfc.org or 703.842.0740.

August 11, 2017 — A fishermen’s group says it’s still waiting on the federal government’s response to a petition it filed with the U.S. Supreme Court about the cost of fishing monitors.

The government shifted the cost of paying for monitors to fishermen last year, prompting a legal battle. A group of fishermen led by David Goethel of New Hampshire filed a petition seeking a review of the case last month.

A spokesman for the fishermen’s attorney says the government has until Monday to respond and has not done so.

August 11, 2017 — The following was released by the New England Fishery Management Council:

The New England Fishery Management Council is bidding farewell to Mary Beth Tooley of Maine and welcoming a new face to the Council table – Maine Department of Marine Resources (DMR) Commissioner Patrick Keliher.

On June 28, 2017, the Secretary of Commerce announced that three New England Council members, whose terms were scheduled to expire, had been reappointed to serve for another three years effective August 12, 2017.

Peter Kendall of New Hampshire was appointed to his third term on the Council;

Elizabeth “Libby” Etrie of Massachusetts was appointed to a second term; and

John Pappalardo of Massachusetts was appointed to a second term.

Terry Stockwell of Maine was appointed to fill the seat being vacated by Tooley, who had served three consecutive terms. Stockwell is the Council’s vice chairman and previously served as the state of Maine’s designated fisheries official to the Council. In June, however, Stockwell retired from state service following a 21-year career at DMR, and he now is beginning his first term as a secretarial appointee.

August 8, 2017 — The following was released by the Atlantic States Marine Fisheries Commission:

The Atlantic States Marine Fisheries Commission’s Atlantic Herring Section members from Maine, New Hampshire, and Massachusetts set effort control measures for the Area 1A fishery via Days Out meetings/calls.

The previously scheduled Days Out call on August 9, 2017 at 10:00 AM has been cancelled. The Atlantic Herring Section members from Maine, New Hampshire, and Massachusetts are scheduled to reconvene via conference call to review fishing effort on:

Wednesday, August 23 at 10:00 AM

To join the call, please dial 888.394.8197 and enter passcode 499811 as prompted.

July 31, 2017 — HAMPTON, N.H. — A commercial fisherman who is suing the National Oceanic and Atmospheric Administration over its at-sea monitoring program is hopeful the U.S. Supreme Court will hear his case on its merits.

David Goethel, of Hampton, who filed his original suit against the federal government in 2015, has been joined in his efforts by the Northeast Fisheries Sector 13. They represent fishermen from Massachusetts to North Carolina.

Cause of Action Institute, a nonprofit oversight group advocating for economic freedom and individual opportunity in Washington, D.C., is funding the lawsuit. Goethel said their support is evening the playing field for small commercial fishermen who are being forced to pay about $700 per day for at-sea monitors under current regulations.

“We simply just don’t have the money to play in these arenas,” Goethel said Friday.

Lawyers submitted their petition to the Supreme Court earlier this month. It calls for the court to reverse rulings about a 30-day statute of limitations for challenges, but at its heart, Goethel is asking for the case to be heard on its merits.

Goethel said he believes it is illegal for NOAA to require commercial fishermen to pay for at-sea monitors, when NOAA mandates them. NOAA has paid for the monitors on and off in the past, when they can find the money, Goethel said.

July 27, 2017 — The following was released by the Atlantic States Marine Fisheries Commission:

The Atlantic States Marine Fisheries Commission’s Atlantic Herring Section members from Maine, New Hampshire, and Massachusetts revised the effort control measures for the 2017 Area 1A Trimester 2 (June 1 – September 30) fishery. The revised measures are underlined and become effective Sunday, July 30, 2017.

Days Out of the Fishery

Vessels with a herring Category A permit that have declared into the Trimester 2 Area 1A fishery may land herring five (5) consecutive days a week. One landing per 24 hour period.Vessels are prohibited from landing or possessing herring caught from Area 1A during a day out of the fishery.

Landing days in New Hampshire and Massachusetts begin on Monday of each week at 12:01 a.m.

Landings days in Maine begin on Sunday of each week at 6:00 p.m.

Small mesh bottom trawl vessels with a herring Category C or D permit that have declared into the Trimester 2 fishery may land herring seven (7) consecutive days a week.

Weekly Landing Limit

Vessels with a herring Category A permit may harvest up to 680,000 lbs (17 trucks) per harvester vessel, per week.

120,000 lbs out of the 680,000 lb weekly limit can be transferred to a carrier vessel (see below).

At-Sea Transfer and Carrier RestrictionsThe following applies to harvester vessels with a herring Category A permit and carrier vessels landing herring caught in Area 1A to a Maine, New Hampshire or Massachusetts port.

A harvester vessel can transfer herring at-sea to another catcher vessel.

A harvester vessel is limited to making at-sea transfers to only one carrier vessel per week.

Carrier vessels are limited to receiving at-sea transfers from one catcher vessel per week and can land once per 24 hour period. A carrier vessel may land up to 120,000 lbs (3 trucks) per week. The carrier limit of 3 trucks is not in addition to the harvester weekly landing limit.

Carrier vessel: a vessel with no gear on board capable of catching or processing fish. Harvester vessel: a vessel that is required to report the catch it has aboard as the harvesting vessel on the Federal Vessel Trip Report.

The initial Area 1A sub-annual catch limit (ACL) is 31,115 metric tons (mt) after adjusting for a carryover from 2015 and the research set-aside. The Section allocated 72.8% of the sub-ACL to Trimester 2 and 27.2% to Trimester 3. After incorporating the 295 mt fixed gear set-aside and the 8% buffer (Area 1A closes at 92% of the sub-ACL) the seasonal quotas are 20,625 mt for Trimester 2 and 7,706 mt for Trimester 3.

These effort controls are projected to extend the Trimester 2 fishery through mid-September. Landings will be monitored closely and the fishery will be adjusted to zero landing days when the trimester’s quota is projected to be reached.

The Atlantic Herring Section members from Maine, New Hampshire, and Massachusetts are scheduled to reconvene via conference call to review fishing effort on:

Wednesday, August 9 at 10:00 AM

Please noted the new passcode for the next call: To join the calls, please dial 888.394.8197 and enter passcode 499811 as prompted.

Fishermen are prohibited from landing more than 2,000 pounds of Atlantic herring per trip from Area 1A on no landing days. Please contact Toni Kerns at tkerns@asmfc.org or 703.842.0740 for more information.

June 28, 2017 — The following was released by the Atlantic States Marine Fisheries Commission:

The Atlantic States Marine Fisheries Commission’s (Commission) Atlantic Herring Section members from Maine, New Hampshire, and Massachusetts revised the effort control measures for the 2017 Area 1A Trimester 2 (June 1 – September 30) fishery as follows. The revised measures are underlined. Please note the time and passcode for the next Days Out Meeting on July 12th have changed. The meeting will begin at 1:30 PM and the new passcode is 222918.

Days Out of the Fishery

Vessels with a herring Category A permit that have declared into the Trimester 2 Area 1A fishery may land herring four (4) consecutive days a week. One landing per 24 hour period.Vessels are prohibited from landing or possessing herring caught from Area 1A during a day out of the fishery.

Landing days in New Hampshire and Massachusetts begin on Monday of each week at 12:01 a.m.

Landings days in Maine begin on Sunday of each week at 6:00 p.m.

Small mesh bottom trawl vessels with a herring Category C or D permit that have declared into the Trimester 2 fishery may land herring seven (7) consecutive days a week.

Weekly Landing Limit

Vessels with a herring Category A permit may harvest up to 600,000 lbs (15 trucks) per harvester vessel, per week.

80,000 lbs out of the 600,000 lb weekly limit can be transferred to a carrier vessel (see below).

At-Sea Transfer and Carrier Restrictions (no changes were made)

The following applies to harvester vessels with a herring Category A permit and carrier vessels landing herring caught in Area 1A to a Maine, New Hampshire or Massachusetts port.

A harvester vessel is limited to making at-sea transfers to only one carrier vessel per week.

Carrier vessels are limited to receiving at-sea transfers from one catcher vessel per week and can land once per 24 hour period. A carrier vessel may land up to 80,000 lbs

(2 trucks) per week. The carrier limit of 2 trucks is not in addition to the harvester weekly landing limit. Carrier vessel: a vessel with no gear on board capable of catching or processing fish. Harvester vessel: a vessel that is required to report the catch it has aboard as the harvesting vessel on the Federal Vessel Trip Report.

The initial Area 1A sub-annual catch limit (ACL) is 31,115 metric tons (mt) after adjusting for a carryover from 2015 and the research set-aside. The Section allocated 72.8% of the sub-ACL to Trimester 2 and 27.2% to Trimester 3. After incorporating the 295 mt fixed gear set-aside and the 8% buffer (Area 1A closes at 92% of the sub-ACL) the seasonal quotas are 20,625 mt for Trimester 2 and 7,706 mt for Trimester 3.

These effort controls are projected to extend the Trimester 2 fishery through mid-September. Landings will be monitored closely and the fishery will be adjusted to zero landing days when the trimester’s quota is projected to be reached.

The Atlantic Herring Section members from Maine, New Hampshire, and Massachusetts are scheduled to reconvene via conference call to review fishing effort the following days:

Wednesday, July 12 at 1:30 PM

Wednesday, July 26 at 10:00 AM

Wednesday, August 9 at 10:00 AM

To join the calls, please dial 888.394.8197 and enter passcode 222918 as prompted.

Fishermen are prohibited from landing more than 2,000 pounds of Atlantic herring per trip from Area 1A until June 4 or 5, 2017, depending on the state. Please contact Ashton Harp, Atlantic Herring Fishery Management Plan Coordinator, at aharp@asmfc.orgor 703.842.0740 for more information.

June 7, 2017 — The following was released by the Atlantic States Marine Fisheries Commission:

The previously scheduled Atlantic Herring Days Out call on June 14 at 10:00 AM has been cancelled. The Atlantic Herring Section members from Maine, New Hampshire, and Massachusetts are scheduled to reconvene via conference call to review fishing effort on the following days:

Wednesday, June 28 at 10:00 AM

Wednesday, July 12 at 10:00 AM

Wednesday, July 26 at 10:00 AM

Wednesday, August 9 at 10:00 AM

To join the calls, please dial 888.394.8197 and enter passcode 499811 as prompted.